Pastor Reggie Klindworth, First Lutheran Church, offered a prayer.

The regular meeting of the Albert Lea City Council was called to order at 7:30 P.M. in the City Center Council Chambers by Mayor Jean Eaton.

Present were Councilors Warren Amundson, Randy Erdman, George Marin, Jeff Fjelstad, Mary Kron, Al Brooks and Mayor Jean Eaton. Also present were City Manager Paul T. Sparks, City Attorney Steven Schwab, Council Secretary Sandi Behrens and representatives from KATE Radio, the Albert Lea Tribune and KAAL-TV.

The Pledge of Allegiance was recited.

Mayor Eaton presented certificates of appreciation for members of Shades of Jade to President Les Schroader for the group’s work on the Higbee Gardens.

Mr. Schroader accepted the certificates of appreciation and thanked the City for its assistance in the development of the arbor, especially Joe Grossman and his staff. The City paid for the materials and the club did the construction.

TEMPORARY LICENSES

(c) RESOLUTION 03-203 ADOPTED – APPROVES AN ADMINISTRATIVE SURVEY OF LOTS OF RECORD: Resolution 03-203 approves an administrative survey of Lot 4, Block 9, Morin’s Addition and SW ¼ SE ¼ Section 8-T102N-R21W for property owned by Sharon Astrup-Scott.

(See Secretary's Original Resolution 03-203 included with these minutes.)

(d) RESOLUTION 03-204 ADOPTED – CALLING A HEARING FOR MISCELLANEOUS ASSESSMENTS ROLL 44: Resolution 03-204 calls for a public hearing on November 24, 2003 to consider the adoption of Miscellaneous Assessments Roll 44.

(See Secretary's Original Resolution 03-204 included with these minutes.)

(e) RESOLUTION 03-205 ADOPTED – DEFERRING ASSESSMENT FOR 1002 JAMES AVENUE: Resolution 03-205 authorizes deferment of the assessments for Job 0202, James Avenue Reconstruction for the property at 1002 James Avenue.

(See Secretary’s Original Resolution 03-205 included with these minutes.)

(f) RESOLUTION 03-206 ADOPTED – AUTHORIZES AGREEMENT FOR AIRPORT IMPROVEMENT: Resolution 03-206 authorizes an agreement with the Minnesota Department of Transportation Office of Aeronautics for an airport wildlife assessment at the Municipal Airport.

(See Secretary's Original Resolution 03-206 included with these minutes.)

(g) RESOLUTION 03-207 ADOPTED - CLAIMS: Resolution 03-207 presents the financial claims of the City.

(See Secretary's Original Resolution 03-207 included with these minutes.)

Councilor Brooks moved, Councilor Erdman seconded, that the consent agenda items be adopted. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the consent agenda items adopted.

Mayor Eaton opened a public hearing for the approval of tax increment finance district 5-14 and the use of tax increment financing. The necessary notice for this hearing was published on October 17, 2003.

City Manager Sparks introduced Ed Tschida, the City’s development consultant, to explain the proposed district. Mr. Tschida explained that the district includes Lots 2 & 3, Block 2, Community Development Plat #4 at the intersection of Ekko Avenue and Sykes Street. He explained that the City has received a proposal for the development of a 14,400 square foot industrial facility on that site and that the tax increment will be used to fund the cost of site acquisition. He noted that the proposal includes approximately 20 jobs.

There was no public discussion. After Council discussion, Councilor Brooks moved, Councilor Amundson seconded, that the tax increment financing district 5-14 and the use of tax increment financing, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried, the resolution adopted and the public hearing closed.

(See Secretary’s Original Resolution 03-208 included with these minutes.)

Mayor Eaton opened a public hearing to consider submission of an application for funding from the Minnesota Department of Trade and Economic Development for a Small Cities Development Program Grant for the rehabilitation of the Lea Center building. The necessary notice for this hearing was published on October 20, 2003.

City Manager Sparks told the Council that the City would apply for $600,000 in funding to assist the project of Metro Plains. He noted that this application will be done in conjunction with the Metro Plains application to the Minnesota Housing Finance Agency which should help to bring about the redevelopment of the Lea Center building.

After Council discussion, Councilor Kron moved, Councilor Marin seconded, that an application for funding from the Minnesota Department of Trade and Economic Development parade be authorized. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried, the resolution adopted and the public hearing closed.

(See Secretary’s Original Resolution 03-209 included with these minutes.)

Jerry Hickman, 121 Lake Chapeau Drive, appeared before the Council to request the City to move ahead with bike trail development inside the City from the municipal beach to the Richway boat landing. He noted that grant money is available from the Department of Natural Resources and that applications will be available at the end of November. He explained that the grant would be a 50/50 cost sharing up to $200,000.

After Council discussion, Councilor Amundson moved, Councilor Erdman seconded, that an application to the Department of Natural Resources for a bike trail grant be authorized. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the requests approved.

(See Secretary’s Original Resolution 03-210 included with these minutes.)

Brad Arends, President of Greater Jobs, Inc., presented a power point presentation relating to the proposed reorganizational structure for the economic development organizations in the City. He demonstrated the differences between the Albert Lea Port Authority and Greater Jobs, Inc. He explained that the purpose of the change is to streamline economic development in a more seamless manner, provide the area with skilled, professional economic development assistance, a mechanism where the county, city and private sector can work together, a method of dealing with possible job loss, focus on strengths, provide assistance to companies and ventures committed to Albert Lea, and a method of avoiding duplication of service and efforts.

Mr. Arends went on to explain that the City would appoint four members of the nine member board of directors of the ALEDC with the County appointing one member, Greater Jobs appointing three members and one member appointed by the retail community.

No action was taken.

Mayor Eaton opened a public hearing for Ordinance 67, 3d, accepting the annexation order for the Goette property. The necessary notice for this hearing was published on October 20, 2003.

City Manager Sparks explained that this ordinance accepts the Minnesota Office of Strategic and Long Range Planning annexation order for the Goette property in Section 18 of Albert Lea Township

After Council discussion and on roll call vote, all Councilors voted in favor of Ordinance 67, 3d. Mayor Eaton declared the ordinance enacted, the public hearing closed and the property annexed.

(See Secretary’s Original Ordinance 67, 3d included with these minutes.)

Mayor Eaton opened a public hearing for Ordinance 68, 3d, accepting the annexation order for the Crossroads Evangelical Free Church property. The necessary notice for this hearing was published on October 20, 2003.

City Manager Sparks explained that this ordinance accepts the Minnesota Office of Strategic and Long Range Planning annexation order for the Crossroads Evangelical Free Church property in Section 28 of Bancroft Township.

After Council discussion and on roll call vote, all Councilors voted in favor of Ordinance 68, 3d. Mayor Eaton declared the ordinance enacted, the public hearing closed and the property annexed.

(See Secretary’s Original Ordinance 68, 3d included with these minutes.)

City Manager Sparks explained that this ordinance accepts the Minnesota Office of Strategic and Long Range Planning annexation order for the Pro Trucking/Sharon Astrup-Scott properties in Sections 1, 11 and 12-T102N-R21W.

Councilor Kron introduced Ordinance 69, 3d which will lay over for a second reading and public hearing in accordance with Charter requirements.

(See Secretary’s Original Ordinance 69, 3d included with these minutes.)

City Manager Sparks explained that this ordinance accepts the Minnesota Office of Strategic and Long Range Planning annexation order for the City’s Wastewater Treatment Plant property in Sections 25 and 26-T102N-R21W.

Councilor Brooks introduced Ordinance 70, 3d which will lay over for a second reading and public hearing in accordance with Charter requirements.

(See Secretary’s Original Ordinance 70, 3d included with these minutes.)

City Manager Sparks explained that ordinance reorganizes the Albert Lea Port Authority board of directors and that this is being done in conjunction with the reorganization of the economic development function for the City. The ordinance encompasses the necessary changes to the City Code to accomplish reorganization and to create a board that consists of citizen members as well as elected officials.

Councilor Amundson introduced Ordinance 71, 3d which will lay over for a second reading and public hearing in accordance with Charter requirements.

(See Secretary’s Original Ordinance 71, 3d included with these minutes.)

City Manager Sparks told the Council that the Planning Commission, at its last meeting, denied a request by Fountain Lake Pointe developers for a plat amendment to accommodate a change in plans. The amendment was minor in that it allowed a parcel to be subdivided so that it could be sold. A 50-unit apartment building was planned for the parcel. The property is zoned for apartments. The amendment does not change the ability of the property owner to build the apartment building but the Commission’s action does affect the ability of the property owner to sell the parcel that would encompass the apartment building separate from other property owned by the developer.

Charlie Skarphol, Michael Development Co., explained that the amendment would re-subdivide the subdivision to accommodate an additional duplex, four-plex and a 50-unit market rate apartment building thus reducing the number of units from the originally planned 114 units.

John Hareid, the attorney representing Michael Development, told the Council that there is no change in zoning, that the amendment merely moves the retention pond and changes the shape of the cul-de-sac. He requested Council approval of the amendment.

Paul Overgaard, 1728 Bay Oaks Drive, told the Council that he is a member of the Planning Commission and that he believes that the original plan was not a good one and that the apartment building would affect the market value of the condominiums. He realizes that the City cannot deny the request but requested the Council consider amending the code to eliminate this type of development.

Ronald Mansmith, 1523 Highview Trail, appeared before the Council representing the condominium association. He told the Council that they are opposed to the project unless the building has its own access road, the increased traffic is a concern and could cause dangerous conditions. He also asked who is responsible for pond maintenance. He reminded the council that the Planning Commission had voted unanimously to deny the request to revise the plat.

Clifford Mansmith, 1517 Highview Trail, requested the Council deny the amendment.

Ted Myers, 2227 220^th Street West, owns property to the west of the development. He told the Council that he objects to the plan without egress to the north. He also said that he raised issues about water drainage in 1992 and was assured that there would be no obstruction to the water flow.

Charlie Skarphol told the Council that it took 14 months from the original proposal to final approval of the plat, that the county and state wouldn’t permit access to the north, that the retention ponds will be constructed and he also feels that the street will handle the additional traffic.

Don Sorenson, 72823 220^th Street, feels that the plan is poorly designed and encouraged the Council to deny the request.

City Manager Sparks explained that there were many long discussions regarding the long cul-de-sac and the inability to access County Road 74. The City staff had discussed drainage, configuration, difficulty for the Fire Department to access and problems with the snow plowing in the area. These items were all discussed at length over the 14 month period prior to final plat approval.

Mayor Eaton asked the City Manager who is responsible for storm water ponds. The City Manager responded that the property owner is responsible for the ponds.

Councilor Erdman asked about legal ramifications. City Attorney Schwab told the Council that their hands are tied. Under the R-O zone, the developer is permitted 45 units per acre and this project has eight units per acre, well within the limits of the R-O zone. Vehicular traffic is estimated to be 200-400 cars per day which is similar or less than other residential streets in the City. Two separate issues are being discussed, the amendment before the Council and the property owner misrepresentations, which are between the owners and the developers. He noted that if the Council denies the amendment that they must cite specific findings for the denial.

Councilor Marin announced that this issue is in his ward and he believes this is was a bad plan from the outset. He asked the Council to consider doing the right thing for the constituents and the community. He doesn’t believe the Council should settle for bad planning. He suggested that the Council look deeply at the City department to see how we can get our government on track. A plan that jeopardizes the safety and comfort of the constituents needs to be challenged. He requested the Council to vote with him and moved to deny the amendment. Councilor Brooks seconded the motion. On roll call vote, Councilors Marin, Brooks and Erdman voted in favor of the motion with Councilors Amundson, Fjelstad, Kron and Mayor Eaton voting nay. Mayor Eaton declared the motion defeated.

City Manager Sparks reminded the Council that if it takes no action on the plat amendment, that it will automatically become effective before the next Council meeting because of the 60-day rule on land use actions that require a city to deny or approve an application for land use change within 60 days of the date of application

Councilor Fjelstad moved to table the request for amendment. Councilor Kron seconded the motion. A motion to table is non-debatable. On roll call vote, all Councilors voted in favor of the motion with the exception of Councilors Erdman and Marin who voted nay. Mayor Eaton declared the request tabled.

Councilor Erdman moved that the staff be directed to research video capability for the City Council Chambers. He noted that Austin has been taping their meetings for four years and Mason City has its meetings broadcast live for approximately $100 per meeting. Councilor Fjelstad seconded the motion. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the staff directed to research said capability.

City Manager Sparks explained that the City Attorney has negotiated an agreement with the property owner to proceed with demolition of 110 Lake Avenue, a house that was damaged by fire.

Councilor Kron moved, Councilor Fjelstad seconded, that Resolution 03-211, authorizing the demolition of 110 Lake Avenue, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-211 included with these minutes.)

City Manager Sparks noted that when we sold the Carnegie Library to the Keewatin Agency that a portion of the adjacent parking lot was also transferred. The parcel is small but does encompass several parking stalls. The property owner is granting us an easement so that we can have the ability to remove snow from the area and provide for ingress and egress and we would grant them exclusive use of the parking spaces adjacent to their building.

After Council discussion, Councilor Kron moved, Councilor Brooks seconded, that Resolution 03-212, accepting an easement for the parking lot adjacent to Keewatin Agency be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-212 included with these minutes.)

City Manager Sparks told the Council that the City has been asked to request the Minnesota Department of Transportation convey a piece of right-of-way to the City to be used for commercial development. MN DOT has agreed to sell the property to the City for its appraised value of $67,500. The City would then convey the property to the private party for its net cost including the purchase price plus the appraisal fee and a survey fee.

After Council discussion, Councilor Kron moved, Councilor Marin seconded, that Resolution 03-213, accepting conveyance of MN DOT right-of-way and authorizing payment, be approved. On roll call vote, all Councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-213 included with these minutes.)

Mayor Eaton explained that the City had received a proposal from The Brimeyer Group, Hopkins, to perform executive search services for a city manager and she is recommending approval of this proposal noting that the Council doesn’t have the time or expertise to conduct the search.

Council discussion included the fact that the search would cost between $14,000 and $20,000, whether the Council should perform the search or go outside for the task, a desire to have a professional job done on the search and the fact that if Brimeyer’s recommendation is hired and leaves within the first 18 months that the company will redo the search for no charge.

After Council discussion, Councilor Erdman moved, Councilor Amundson seconded, that Resolution 03-214, authorizing a contract with The Brimeyer Group to perform executive search services for the City of Albert Lea, be approved. On roll call vote, all Councilors voted in favor of said motion with the exception of Councilor Fjelstad who voted nay. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-214 included with these minutes.)

Mayor Eaton explained that she is recommending the following appointments to the nominating committee to consider and submit four names for the Albert Lea Economic Development Corporation board of directors:

Barbara Butler

David Lundak

Derby Olson

Randy Erdman

Al Brooks

Councilor Amundson moved, Councilor Kron seconded, that the individuals listed above be appointed to the nominating committee to select a slate of four names for the Albert Lea Area Economic Development Corporation board of directors, be approved. On roll call vote, all Councilors voted in favor of said motion, with the exception of Councilor Marin who voted nay. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-215 included with these minutes.)

Mayor Eaton:

(1) Thanked the Fire Department and the Fire Explorers for their work on the Haunted House at the Fairgrounds.

(2) Thanked the Freeborn County Trail Association for its work on the joint powers board and the presentation made to the bonding committee.

(3) Thanked the Park and Recreation Department and Shades of Jade for all of their work in the flower beds around town.

(4) Next month is the start of the Albert Lea Reads program sponsored by the Public Library and Community Ed.

First Ward, Councilor Amundson:

(1) Has been contacted by the permit holder for boat dock #166, John Jurgensen, regarding the construction of a permanent structure at the site and asked Mr. Jurgensen to explain the problem to the Council.

John Jurgensen, 1505 Cheryl, explained that he had hired Vern Rasmussen to construct steps on the boat dock space that he rents from the City. Mr. Rasmussen talked with Joe Grossman and Doug Johnson regarding the installation of the permanent steps on the public shoreline and believes they gave him permission to install the landscape blocks and stairs. He later received a letter from the Park and Recreation Director ordering removal of the steps. The parties involved met last week to discuss a solution to this problem and Mr. Jurgensen was told that the permanent structure would need to be removed.

City Manager Sparks asked Mr. Rasmussen if he had injured the membrane while installing the stairs and Mr. Rasmussen responded that he had moved some of the rip rap but did not injure the membrane.

Mr. Jurgensen commented that he had not received a copy of the dock ordinance and that the Park Superintendent had told him that these regulations have been on the books too long and that it was time to revise these regulations. Mr. Jurgensen wants reimbursement for the structure and permission to construct appropriate stairs at that site.

City Manager Sparks told the Council that the City no longer permits permanent dock structures but that we do still have a few that were grandfathered in at the time the new ordinance was adopted. In any case, the shoreland management ordinance prohibits any permanency on public land.

Councilor Amundson said that the City needs to clarify these rules to all parties concerned.

Fire and Inspection Chief Richard Sydnes told the Council that Mr. Johnson thought that Mr. Rasmussen was referring to private property and that Mr. Rasmussen told Joe Grossman that he had a permit from Inspection.

Mr. Rasmussen questioned why the Inspection Division is still handing out plans for construction of permanent stairs. Mr. Sparks noted that there may have been some misunderstandings and apologized for that. Councilor Amundson again stated that the public must be made aware that permanent stairs are not permitted and that all departments are fully informed of the various rules for this issue.

After additional discussion, Councilor Amundson then moved to have City forces remove the structure and pay Mr. Jurgensen $500 to settle this matter. Councilor Brooks seconded the motion. On roll call vote, all Councilors voted in favor of the motion. Mayor Eaton declared the motion carried and the resolution adopted.

(See Secretary’s Original Resolution 03-216 included with these minutes.)

Second Ward, Councilor Erdman:

(1) Requested a workshop meeting on all of the downtown development programs.

Fourth Ward, Councilor Fjelstad:

(1) Announced that he had attended the Freeborn County Historical Museum program which has high school juniors teaching history to fifth graders. They did a very good job.

(2) Worked at the fund raiser last Friday for fountains in the lake and announced that the fundraiser collected $5200.

(3) Informed the staff that a street light is burned out in front of 713 Sheridan.

(4) Received a request to change a 15 minute stall to a handicap stall on Marshall at the northeast corner of Marshall and Bridge.

Councilor Amundson moved, Councilor Brooks seconded, that there being no further business, the council meeting be adjourned until the next regular meeting of the Albert Lea City Council on Monday, November 10, 2003. On roll call vote, all councilors voted in favor of said motion. Mayor Eaton declared the motion carried and the meeting adjourned.

Filed and attested October 28, 2003.

_/S/ Sandi Behrens________________                                            _/S/ Jean Eaton____________________

Secretary of the Council                                                                         Mayor